In Re Estate of Slavens

MR. JUSTICE JOHN C. HARRISON

delivered the Opinion of the Court.

This is an appeal from an order entered in the district court of the thirteenth judicial district, Yellowstone County, denying petitioner’s motion for a new trial.

The dispute in this case concerns a determination of the proper heir or heirs of the deceased Violet Smith Slavens. Decedent, hereinafter referred to as Mrs. Slavens, died intestate in September 1971. Rose Smith Meyers, Mrs. Slavens’ sister, was appointed administrtrix. Lon Marsh, petitioner here, then petitioned the court to determine heirship basing his claim on an…